TANUSHREE Y. Vs. NAVEEN P

JUDGEMENT

(1.) This petition under Sec. 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.5714/2023 pending on the file of the I Additional Principal Judge, Family Court, Bengaluru to the Senior Civil Judge and JMFC, Tiptur.

(2.) The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 22/5/2023 at Vakkaligara Bhavana Housing Board Layout, Tiptur as per Hindu rites and customs. After the marriage, the petitioner was residing with her husband at her matrimonial house. As matrimonial disputes arose between the parties, the petitioner started living separately with her parents in Tiptur. The petitioner-wife filed M.C.No.127/2023 before the Civil Judge (Sr.Dn.) and JMFC, Tiptur for restitution of conjugal rights. Thereafter, the respondent-husband filed a petition under Sec. 12(1), (a) and (b) of the Hindu Marriage Act in M.C.No.5714/2023 pending on the file of the I Additional Principal Judge, Family Court, Bengaluru. The case of the petitioner is that since the petitioner is residing in Tiptur, it would cause great inconvenience and hardship for her to travel a distance of 190 kms to Bengaluru to prosecute the case. Hence, she filed the present petition seeking for transfer of case.

(3.) The learned counsel for the petitioner-wife contended that after the matrimonial dispute arose between the parties, the petitioner is residing with her parents in Tiptur. The parents of the petitioner are aged persons and she has no other relatives or family members to assist her in traveling to Bengaluru, which is at a distance of 190 Kms, to prosecute the case. Therefore, if the petition is not transferred, it would cause great inconvenience and hardship to the petitioner-wife to prosecute the case filed by the husband in M.C.No.5714/2023 pending on the file of the I Additional Principal Judge, Family Court, Bengaluru. Hence, the learned counsel sought for allowing the petition.